Estimated read time: 4-5 minutes
SALT LAKE CITY — Frank and Sharla Hunt became trapped in their Fruit Heights backyard by a mudslide in 2023.
They were both injured, and their barn was destroyed. Frank Hunt became trapped in the flowing mud. Neighbors say he was lucky to survive.
A second mudslide in the same area damaged Russell and Lauren Tanner's backyard in 2024.
Now, the Hunts, Tanners and another neighboring couples are suing Fruit Heights, the state of Utah and the developers of a 65-acre housing development that sits on the hill above their properties along the city's east bench. The problem, according to the families and attorney Robert Sykes, who is representing the couples, is that the housing development has been allowed to continue despite the damaging landslides being created by the project — all while warnings from geological studies have been ignored.
"The hillside has to be remediated and stabilized," Sykes said during a press conference Tuesday announcing the legal action. "Just because the developer didn't follow the rules, just because the city of Fruit Heights didn't follow the rules, just because the state of Utah who noticed the problems didn't follow the rules, you don't shove that blame off onto innocent people."
The lawsuit also names Rock Loft Estates LLC, Smooth Stone Construction LLC, and the managers of the companies as defendants. The Rock Loft Estates Project is just east of South Mountain Road and U.S. 89 and borders the properties of the three families, with steep slopes leading down to their backyards. Developers began excavating in 2021. The residents say the problems began in 2023.
"You want to talk anxiety?" said Terry Smith, who along with his wife, Christy Smith, are plaintiffs in the lawsuit. Smith says he acquired the property from his grandparents, who bought it during World War II. He says there haven't been mudslides or waterflow problems like this in 50 years. Now, every time it rains or snows Smith says he gets worried. Just last weekend, the Smiths had to get an excavator to dig trenches to avert additional flooding.
They used to call their backyard their sanctuary. "Now it's just all dug up and a mess and terrifying," Christy Smith said.
"It's destroyed. It's got trenches and big holes to try and control the water," added Terry Smith. He said he had to remove the swing set in his backyard so his grandchildren wouldn't play on it out of fear that another mudslide could happen without warning.
The Tanners say they also bought their property several years ago to give their children a safe backyard area to play in. Now the children are no longer allowed to play there.
"It's very frustrating. It's scary," Russ Tanner said. "It's been so disheartening to try and engage with the city and trying to find a resolution to this and being completely ignored and ridiculed and even mocked at City Council meetings, to try and find some sort of resolution to this.
"Anything that the state or the city has tried to do — honestly, we don't know what they've done because they won't communicate with us — but it hasn't worked. The water is still pooling; the ground is still saturating. And I'm very worried that the next slide is going to be a little further south, and it's going to end up destroying the outbuilding on the other side of our property," he continued.
"We've exhausted every option, other than (the lawsuit). We've talked to the city, we've tried to talk to the developer, we've tried to talk to the city manager, we've talked to the mayor. We've gotten nowhere," Lauren Tanner added.
"I've attended several City Council meetings and we're just stonewalled. They won't give us an answer," concurred Terry Smith.
When asked who the families feel is at fault for the mudslides — whether it be the developer, the city or others — Lauren Tanner said, "All the above."
"I feel like the developer didn't uphold what he was contractually obligated to do. I feel like our city didn't enforce when they noticed he was misstepping. … So, I feel like there are a lot of different faults in a lot of different places," she said.
The lawsuit contends that the developer took out vegetation that shouldn't have been disturbed, leading to problems with water runoff and erosion.
"As the 2025 spring runoff continues, there is an enormous risk of future landslides that can harm these plaintiffs and their neighbors. This lawsuit is designed to compel hillside remediation by the developer, Fruit Heights, and the state of Utah. In order to accomplish this last task, we are also asking the court to issue a preliminary injunction prohibiting any further sales of lots, building on those lots, or granting permits to do the same," said Sykes.
"There are at least six different geotechnical reports that have been produced since 2008, each of which describes the significant geological hazards attendant with any proposed residential development of the property," according to the lawsuit. "All the defendants knew that these geological risks and hazards could be mediated, but that such mediation would be expensive and time-consuming. Several prior geological studies, including those done in 2008, 2014, 2015, 2018, and 2021, warned of multiple hazards that would be encountered in the development of this property."
City officials from Fruit Heights did not immediately respond to KSL.com's request for comment.
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